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Six months ago my ex got a vehicle for me to go to work. It is in his name even though I paid the down payment, insurance, registration etcetera. He had a job at the time and I did not. We agreed that when it was paid for in full he would transfer the title to me. There is another year of payments left on the car.
I was able to return to work since I have a way around. Needless to say, there are days he threatens to keep it despite our agreement. I called the finance company and they said the only way I could get it in my name is to secure a bank loan from elsewhere. It's going to be a few months before I can even attempt that. I'm going to get another job to raise the cash to just buy it from him, double up on the payments, something.
My question is, is there any way I can get an agreement in writing that can protect me until I can take complete control? He agreed that the plan I have now works for him because having the car out of his name frees him up to get a car of his own.
If I write up a plan- will getting a lawyer to make it legal actually help? Or is that just false hope because the car will still belong to him?
You don't need a lawyer. All you need is something in writing from him stating your original arrangement and that you will be able to put the car in your name once you make the rest of the payments. That way if he starts PMSing again, that document WILL stand up in court to prove you own the car, no matter what, and you get the car.
Like Judge Marilyn Milian always says: grab the nearest toilet paper and crayons. So no, you don't need a lawyer to draft up a legal agreement. On a piece of paper write what you wrote here, that you are responsible for making all the payments and that he agrees to transfer the title to you after it's been paid off and have him sign it. That's it. Also make sure you pay everything with a check so you'll have proof for court if it comes to that.
The fact that he's threatening to keep the car shows that he's a despicable low life which could spell trouble for you, so have him sign the agreement ASAP and be extra nice to him until he transfers the title to you or you can obtain a loan in your name (which will be difficult since banks typically don't make loans for cars older than 5 years).
As long as you have this car, it is in danger. If his name is on the title (second behind the financing company) he can take it whenever he chooses. It doesn't matter who is paying for it. He can say, I "lent" it and now I need it back. The police will take his side since his name is on the title. He can even have it "repo'd" from you. The police can do nothing about it. If your name is anywhere on the title, you have a right to the vehicle. Otherwise, you will lose.
In some states you can be listed on the title as joint or co-owner. You will need permission of the financing company and then usually go down to the county seat with your ex and get your name put on the title. Financing places usually don't balk at this since it doesn't affect the financing or rights to the vehicle since the loan isn't being altered.
If I read things correctly, you say you are feeding your ex as well. This is a big no no to your financial future. If he is your ex, then he is your ex. No longer your problem. By spending that money, you are shorting your finances. Even if it is only 10 bucks a month. That is 120 bucks a year. That could go a long way towards paying toward the car, if you decide to keep it. It would also go a long way towards showing a finance company that you are making good money and are possibly loan worthy.
Lastly, if anything goes sideways, the vehicle could get picked up by the financing company per the wishes of your ex. A lot of places won't. They don't care who is paying for it, as long as someone is paying for it.
But he could-
"Hi, my name is John Doe and I can no longer afford my vehicle. It is located at 1428 Elm Street. Please come and pick it up."
"Ok, why is it not at the address we have listed for you?"
" My ex is driving it, but I am making the payments. But I can't anymore."
"Ok, thank you."
This is a voluntary repossession. Once it is picked up, you are done. They will not release it to anyone except the borrower. You would need to pay it off in full. But that would be difficult since you are not on the loan therefore you wouldn't know what the balance is.
I would quit paying for 2 people to eat, save as much money as possible, then buy my own car, with my own money. If you want to get something drawn up giving you title to the vehicle once it is paid off, go ahead. But once the vehicle is paid off, you have to worry that he will hold up to his end of the bargain. To me, he is using this to control you.
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